CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 5
CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 5
5—Power to clamp or impound vehicle before proceedings finalised
(a) is
to be, or has been, reported for a prescribed offence and has been advised of
that fact; or
(b) has
been charged with, or arrested in relation to, a prescribed offence,
a relevant authority may clamp or impound either—
(c) a
motor vehicle allegedly used by the person in the commission of the offence;
or
(d) any
motor vehicle of which the person is a registered owner.
(2) However,
subsection (1) does not apply if the person is to be, or has been, given
an expiation notice in respect of the prescribed offence (unless that notice
is withdrawn or the person elects to be prosecuted in accordance with the
Expiation of Offences Act 1996 ).
(3) A power to clamp
or impound a motor vehicle under this section may be exercised at any time
before proceedings for the relevant prescribed offence have been finalised.
(4) A
relevant authority may, for the purpose of exercising a power under this
section in relation to a motor vehicle, seize the motor vehicle and deal with
it in accordance with this Act.
(5) Except as provided
in section 16(3), a motor vehicle must not be clamped on a public road or
other area of a kind prescribed by regulation.
(6) The Commissioner
must ensure that reasonable attempts are made to contact all current
registered owners of a motor vehicle that is, or is to be, subject to an
exercise of powers under this section (or, if there are no current
registered owners of the motor vehicle, to contact the last registered owners)
and—
(a)
advise the owners of the action taken, or proposed to be taken, under this
section; and
(ab)
advise the owners that an application may be able to be made to the
Commissioner under section 8 for a determination bringing the clamping or
impounding period to an end; and
(b)
provide any information an owner requires in relation to removal of the clamps
or release of the motor vehicle at the end of the clamping or
impounding period,
(and such attempts must be made no later than 4 days after the motor
vehicle is clamped or impounded).